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Inside Internal Controls

News and discussion on implementing risk management

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Intellectual Property, IP

Are you making false representations in your franchise agreement?

Is it possible that an otherwise well-written franchise agreement might itself contain false representations by the franchisor?

 

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Foreign patent holders (and lawyers/patent agents): Beware when writing to Canadians

A number of changes to Canada’s intellectual property legislation came into force on Dec. 13, 2018. One of the changes to Canada’s Patent Act is a new subsection relating to written demands.

 

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CPTPP implemented in Canada: What you need to know

In this international trade brief, we discuss the implementation of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) and why this international trade arrangement presents yet another immense opportunity and challenge for Canadian businesses.

 

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Federal Court of Appeal clarifies key damages concepts

Late last month, the Federal Court of Appeal released its long-awaited decision in Apotex Inc. v. Eli Lilly and Co., 2018 FCA 217. In the underlying litigation, the Federal Court awarded damages to Eli Lilly because Apotex had infringed Eli Lilly’s patented process for making a cephalosporin antibiotic.

 

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Bill introducing changes to IP legislation receives swift approval from parliament

Bill C-86, the Budget Implementation Act, 2018, No. 2, (the “Bill”) which makes a number of changes to the Trademarks Act, the Patent Act and the Copyright Act as well as introducing the College of Patent Agents and Trademark Agents Act became law in Canada after receiving Royal Assent on Dec. 13, 2018.

 

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Integrated Project Delivery model in Canada: What you need to know

Before the end of 2018 the Canadian Construction Documents Committee (CCDC) is expected to publish a standard form contract for a relatively new project delivery model called Integrated Project Delivery (IPD).

 

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Treating cyber as a business problem

Cyber risk can only be communicated to leadership in a way that is meaningful and actionable, enabling them to make informed and intelligent decisions, if it is done using business language.

 

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The nascent CRISPR-Cas9 patent landscape in Canada

CRISPR-Cas9 is a technology with the potential for an unimaginable impact on society. CRISPR (Clustered Regularly Interspaced Short Palindromic Repeats) allows scientists to edit genomes in living organisms at the cellular level by guiding a “scissor-like” protein to targeted sections of DNA within a cell, and then prompting it to alter or “edit” the DNA in some way.

 

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Rules of the game (Part 1): Copyright protection of video games in Canada

The Canadian Copyright Act does not identify video games as a specific type of work and the courts have not directly stated what type of “work” video games fall under, but the courts have recognized that video games are protected under copyright.

 

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Modernizing Canada’s industrial design regime: Top 10 changes

On June 27, 2018, the Government of Canada published upcoming changes to the Industrial Design Regulations (IDRs). The revised IDRs amend industrial design practice under the existing Industrial Design Regulations and introduce new provisions to implement the Hague Agreement for international industrial design applications and registrations.

 

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Could the creations of artificial intelligence be entitled to intellectual property protection?

Given the ever changing landscape of AI based technology and legal developments, those involved in AI would be well advised to seek guidance on how to best leverage technological advancement to improve the efficiency and efficacy of their creative processes.

 

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Prior rights and registered intellectual property

This article explores if the exclusive rights in a trademark can be obtained in the course of trade without registration and what is the scope of such rights across Canada, China, France, Germany, Russia, UAE and the UK.

 

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Canadian government’s IP strategy seeks to boost innovation, increase IP literacy, and rein-in patent trolls

The intellectual property (IP) strategy, unveiled by the Government of Canada recently, aims to boost Canadian innovation and presence in the global technological market by enhancing IP awareness and savviness, introducing IP education and advice programs, offering strategic IP tools for growth, and implementing legislative amendments. The government plans to invest $83.5 million over five years to help Canadian businesses understand, protect and access IP.

 

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How to protect trade secrets following the departure of a key employee

Employers must keep in mind the fact that there is a thin line between, on the one hand, confidential information belonging to a company that remains protected by virtue of the duty of loyalty and, on the other hand, the personal knowledge and skills that an employee has acquired throughout the years and is entitled to bring to a competitor.

 

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Privacy damages awarded for commercial use of a person’s image in a public setting

Organizations which use images for commercial purposes would be wise to seek the consent of all persons appearing in such images, even where the images are made in a public setting.

 

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